Justification for Exception to Fair Opportunity (JEFO) – ANSYS Multi-Physics Simulation Software Suite

The Department of Health and Human Services Office of the Assistant Secretary for Administration issued a Justification for Exception to Fair Opportunity (JEFO) on May 13, 2026 for a logical follow-on order under a multiple-award IDIQ contract to provide the ANSYS Multi-Physics Simulation Software Suite to the FDA, with a response deadline of May 22, 2026.

The exception invokes FAR 16.507-6(b)(3) and is based on economy and efficiency as a logical follow-on to a previously competed order. The FDA is exercising Option Year Two for continued access to software licenses, maintenance, and technical support for advanced computational modeling and simulation used across multiple FDA centers, including the Center for Devices and Radiological Health and the Center for Drug Evaluation and Research, to conduct regulatory science and support medical product review. The modification to delivery order 75F40124F80112 is valued at $238,171.73 and will be awarded under the NASA Solutions for Enterprise-Wide Procurement (SEWP) Governmentwide Acquisition Contract (GWAC).

The contracting officer determined all eligible awardees received fair opportunity consideration during the original competitive award. A lapse in contractual coverage resulted from a delay in receiving a funded requisition prior to Option Year One's expiration. The contracting officer certified the anticipated price as fair and reasonable based on pricing established through prior competition and price analysis. The agency committed to pursuing a future competitive acquisition for this requirement and implemented enhanced coordination and tracking procedures to prevent recurrence of funding-related lapses.